HomeMy WebLinkAbout19-05 Steven Smith Area Variance Findings & Decision A.EA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant: Steven Smith Variance No: 19-05
30 Salmon Creek Road Zoning District: R2
Lansing, NY 14882 Mailing 600' Notices on: May 10,2019
Notice to County Sent on: N/A
Public Hearing Published: May 8,2019
Property Location: 30 Salmon Creek Road
Tax Parcel #: 26.-6-3
Requirement for which Area Variance is requested: Minimum Yard Set Back-Side
Applicable Section of Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504,
Schedule II Area, Frontage,Yard,Heights and Coverage Requirements.
RESOLUTION AND FINDINGS
WHEREAS, Steven Smith, Owner and Applicant, has applied for an Area Variance to build a
Garage that is not compliant with the required minimum of 10' with a total accumulation
requirement of 25' of both sides of the property lines. Applicant is seeking a 5' variance from
the minimum yard setback - side, thus requiring an Area Variance per Section 1100.3 of the
Zoning Ordinance.
WHEREAS, on May 21, 2019 the Town of Lansing Zoning Board of Appeals (the "ZBA")
thoroughly reviewed and analyzed: (i) the information and evidence submitted by the
applicant in support of the requested area variance; (ii) all other information and materials
properly before the ZBA;and(iii)the issues and impacts raised for consideration by neighbors,
the public, and the ZBA; and
WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17)
(such that no further environmental review is required) and this matter also does not require
a GML Section 239 review;so, upon due deliberation upon the foregoing, the application, and
all evidence and testimony presented to the ZBA,
NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following
findings with respect to the specific criteria for area variances as set forth in Town Law§ 267-
b(3)(b), and other applicable provisions of law and of the Zoning Ordinance:
a.Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby properties will be created by the granting of the area variance?
Yes _ No X In Character with the existing neighborhood
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b. Whether the benefit sought by the applicant can be achieved by some method, feasible
for the applicant to pursue, other than an area variance?
Yes No X The property is narrow with a hill as a backyard which would require
trucking at least 700 yards of earth to another location if not granted a variance
c.Whether the requested area variance is substantial?
Yes_ No X Not substantial when comparing the setbacks of the neighboring parcels
d. Whether the proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district?
Yes No X Conforms to and enhances existing property
e.Whether the alleged difficulty was self-created?
Yes X No Applicant is choosing to add a wider (than average) single-car garage
2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
It is hereby determined by the Town of Lansing Zoning Board of Appeals (the"ZBA")that
the following area variance is GRANTED,with any conditions hereafter stated (if any), it
being further found and determined that (i) the benefit to the applicant outweighs any
potential negative impacts or detriment to the neighborhood or community; and (ii) such
area variance is the minimum necessary as adequate to grant relief and, at the same time,
preserve and protect the character of the neighborhood and the safety and welfare of the
community.
DESCRIPTION OF SPECIFIC VARIANCE GRANTED:
To allow a 5' setback for the garage structure on the west property line instead of the required
10' setback in the Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504, Schedule II
Area, Frontage,Yard, Heights and Coverage Requirements.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED:
Yes X No
STATEMENT OF CONDITIONS:
1. As variances are exceptions based upon exigent need or emergency, should applicant
fail to avail itself of the benefits of the above-described area variance within one year
from the date hereof, this approval and such area variance shall expire. In cases where
construction may be applicable, "avail itself of the benefits" shall mean a building
permit obtained (if necessary) and substantial construction as commenced. Said one-
year approval period may be extended for good cause by the ZBA if application for an
extension is submitted before the expiration of the then applicable variance period.
It is hereby determined by the Town of Lansing Zoning Board of Appeals that the request for
an Area Variance is APPROVED
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THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND
RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS
FOLLOWS:
Motion by: Maureen Cowan
Seconded by: Linda Hirvonen
Judy Drake- Aye
Maureen Cowan- Aye
Linda Hirvonen- Aye
Peter Larson III- Aye
Hurf Sheldon-Aye
Dated: May 21, 2019
Received and filed in the Lansing Town Clerk's Office on May 22,2019
Debbie Munson
Town Clerk
Town of Lansing
Tompkins County,New York
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